The US Justice Department has just ruled that New Mexico "pandemic-related limits on classroom capacity at private schools in New Mexico [are] more restrictive than public school guidelines". It is unclear what effect this will have, but I agree with the principle underlying the Department's decision.
Public education means public funding and public oversight and control, and so it is appropriate for legislatures to create policies and procedures. This holds even where these may be somewhat absurd like some of the history and sex education decisions made in some states, and there are processes for the public to challenge these decisions such as through the ballot box and judiciary.
Conversely, private or non-public education means private funding and so public oversight should be limited only to health and safety matters and reporting rules for non-profits. "He who pays the piper calls the tune" means that private education answers to its funders, fee-paying parents, donors and owners.
The question in this case is whether the class limit rules from the NM government fall under Health and Safety and the answer is clearly "yes" so in that sense they are appropriate. However, the government effectively passed two rules, one for public schools and one more restrictive for non-public schools, and that is the problem. The underlying implication is that private school students are different physiologically or healthwise, that programs and facilities are different or that private school teachers and administrators are reckless and irresponsible, and so deserving of greater control.
This is of course ludicrous. Children are children, and if anything, private school children are more likely to have access to health care, better diets and early interventions. Clearly the NM government decision in differentiating between the two types of school was based on something other than health and safety and that is why it was wrong and inappropriate.
I have no problem with the concept of the policy itself, although I do not know if 0%, 10%, 25% or even 50% is the best line to draw. What is wrong is having one rule for public education and another more restricive rule for non-public.
If the NM government is concerned that a private school might not do the minimum, then they should introduce a regulation requiring each school to publicize its policies and procedures. Very quickly, its funders, fee-paying parents, donors and owners will respond.
https://www.edweek.org/ew/articles/2020/09/22/justice-department-sees-bias-in-limits_ap.html
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